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SANJAY DWIVEDI
PRADEEP KUMAR RAI – Appellant
Versus
RETURNING OFFICER, PANCHAYAT ELECTION 2022, JABERA – Respondent
ORDER :
1. Pleadings are complete. With the consent of learned counsel for the parties, the matter is finally heard.
2. The petitioner has filed this petition under Article 226 of the Constitution of India, questioning the legality, validity and propriety of the order dated 22-2-2023 (Annexure P/11) passed by the Sub Divisional Officer, Tendukheda, District Damoh-Election Tribunal whereby the election petition filed by the respondent No. 2 under section 122 of Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as the Adhiniyam, 1993) challenging the election of the petitioner to the post of Sarpanch of Gram Panchayat Pondi Mangarh, Tehsil Jabera, District Damoh has been partly allowed and the election tribunal has ordered for recounting of votes of polling booth No. 211.
3. To resolve the controversy involved in the case, the facts of the case in nutshell are as follows:
Election recounts must adhere to procedural rules; evidence requirements are essential, and judicial review emphasizes strict adherence to pleadings.
Election petitions must demonstrate a prima facie case of irregularities for recounting of votes; non-framing of issues does not invalidate proceedings if parties understand the disputes.
Recounting of votes requires a prima facie case supported by cogent evidence; mere differences in vote counts do not justify recounting.
Election petitions must adhere to statutory procedures for recounting; failure to comply invalidates recount orders.
The main legal point established in the judgment is the requirement for clear and specific allegations supported by material facts before allowing inspection of ballot papers and granting a recount. ....
The Election Tribunal's order for recounting was justified due to the Election Officer's failure to follow statutory procedures, affecting the election result.
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